PAUL NJUGUNA KIMANI v FAITH GATHONI KAROGA [2009] KEHC 1722 (KLR)
- Court
- High Court of Kenya
- Case number
- 1722
- Citation
- [2009] KEHC 1722 (KLR)
- Decided
- 15 July 2009
AI Summary
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TypeMiscellaneous Civil ApplicationPostureAppellant seeks an order for stay of execution pending the hearing and determination of his intended appeal and leave to file his appeal out of time.CoramH.M. OKWENGU
Holding
The Court grants the application and issues orders for leave to file the appeal out of time and a stay of execution pending the intended appeal.
Facts
The judgment was delivered without notice to the applicant's counsel, and the applicant's advocates only became aware of the judgment in May 2008. The applicant contended that he will suffer substantial loss if the application is not granted as the respondent may not be able to repay the decretal sum if the applicant is successful on appeal.
Issues
- Whether the applicant was given due notice of the date of delivery of the judgment.
- Whether the applicant was guilty of inordinate delay.
- Whether the applicant will suffer substantial loss if the application is not granted.
- Whether the applicant's appeal should be allowed out of time.
Reasoning
The Court grants the application due to the applicant's lack of notice and the explanation for the delay. The applicant's appeal is granted out of time and a stay of execution is issued with conditions.
Outcome
The application is granted.
Orders
- Leave to file the appeal out of time is granted.
- A stay of execution pending the intended appeal is issued.
- The decretal sum deposited in Court shall be released to the parties' advocates to be deposited into an interest earning account in the joint names of the parties' advocates within 10 days from date of release.
- If the appeal is not filed and disposed of within 12 months from the date hereof, the order for stay of execution shall be discharged unless otherwise extended by the Court.
Remedies
- Stay of execution pending the intended appeal.
- Release of the decretal sum deposited in Court to the parties' advocates to be deposited into an interest earning account in the joint names of the parties' advocates within 10 days from date of release.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order XLI Rule 4
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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